Course Details

Reform of Criminal Procedure: Tanzania II

This Seminar will examine and be part of the process of modernizing the law of Tanzania. Prof. Allen has been retained by the Tanzanian Government to assist in its effort to modernize its law of evidence and procedure. Previous years involved the preparation and presentation to the Government of the United Republic of Tanzania of a new law of evidence. Prof. Allen and his ¿TEAM¿ (those of you who elect this seminar and its follow-up next semester) have now been asked to focus on the reform of the criminal process, in particular the criminal procedure law of Tanzania. This Seminar will both examine the process of procedural law reform and contribute to it in Tanzania. It will examine the conceptual foundations of the field of criminal procedure, and look at criminal procedure law worldwide through that lens. It will then turn to the present criminal procedure in Tanzania and critically appraise it. The actual social, economic, and political conditions in Tanzania as they bear on this project will be examined, as will the structure and operation of the Tanzanian legal system. We will then appraise the most fruitful direction for reform of Tanzanian law. Most likely the Team will decide to pick particular aspects of criminal procedure for reform rather than propose an overall omnibus bill analogous to the Proposed Code of Evidence. It is expected that the seminar participants will have contact and will cooperate with the various stakeholders in Tanzania, ranging from all branches of government to lawyers, victims, and defendants. In each of the years of the Evidence Project, the Team travelled to Tanzania for fact-finding, research, or to present findings and proposals. I anticipate that the Team will have that opportunity in the Spring of 2016, to investigate on the ground the relevant issues. A pre- or co-requisite for the seminar is one of any criminal procedure courses or evidence. A paper or project is required. These can be general papers on pertinent matters in Tanzania, highly specific proposals for reform of aspects of the Tanzanian law, or on any other matter related to the conceptual foundations of criminal procedure or to comparative criminal procedure law. If, for example, you are interested in some other country¿s approach to criminal procedure, you may do a paper or project concerning it. In years past, we have found it helpful to divide into teams of students who work together on various aspects of the larger project; that may occur in these seminars as well. Three draft papers may be done.
In the second semester, a follow-up seminar will be offered which will build on the seminar in the first semester and will involve both on-the-ground observational research in Tanzania and actual drafting of provisions as models for Tanzania. You may enroll in the second semester seminar only if you enrolled in the first semester seminar, or with special permission of the instructor. In prior years, the School of Law has provided some funds to subsidize the cost of travel to Tanzania. Whether that will be the case in 2016 will depend on the funding available at the time. However, the Team members are not obligated to go; this is an opportunity rather than a requirement.
You have probably heard that this project involves a lot of work. That is accurate. You will note you will get three hours of credit rather than two, and the class will often meet from 4:00 p.m. to 7:00 p.m., and possibly even later in the Spring as we prepare to go to Tanzania. However, virtually every student who has taken this class over the last four years has found the rewards greatly exceed the costs of the workload.
Students who would like to complete the 3 draft writing requirement and earn one additional credit hour in this course will be able to self-enroll in the associated LAWWRT 603 Section 53 course section (class nbr
30679 ) during open enrollment January 4, 2016-February 5, 2016.